2009 (4) TMI 179

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..... t the order of the Commissioner (Appeals), whereby penalty imposed under Section 76 and 77 upon the respondent was set aside. 2. After hearing ld. DR and on perusal of the records, the relevant portion of the findings of the Commissioner (Appeals) reproduced below :- "Regarding the penalty, I observe that the appellants are a State Government organisation who had already deposited the entire amo .....

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..... of the Finance Act provides that no penalty shall be imposable on the assessee for any failure referred to in the said provisions if the assessee proves that there was a reasonable cause for that said failure. I find that the Commissioner (Appeals) had given the detailed finding for setting aside penalty, which was not disputed by the Revenue in the Grounds of Appeal. Therefore, I do not find any .....

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